• Probate and mutation

My Grandmother died in 2015 leaving behind a registered Will on my(Grandson) name leaving nothing for her four children that includes(3 sons including my Dad and 1 Daughter). Property in WILL falls under Land and Development office, Delhi. earlier we thought of giving 10% share to all four children and rest for me but the offer is modified and raised a few times by my relatives. Which leaves me no option but to scrap the process of getting NOC. Authroity office told me that it would require either NOC or Probate of will to transfer the house to my name though few others told me that only registered WILL is sufficient. Please guide me how to go ahead.
Asked 4 years ago in Civil Law

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17 Answers

Hello,

Just the registered will ia not sufficient the same is required to be probated and the same happens to be mandatory.

Get in touch with a local lawyer for getting the Will probated.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. Taking for probate is mandatory in Delhi.

2. So if you wish to exercise your rights on the basis of the Will then you will have to take Probate first.

3. To get the probate getting NOC of all the legal heirs is mandatory and during this time they can challenge the Will as well.

4. So after the contested trial once the court holds the Will to be valid and genuine you can proceed to mutate the property in your name.

5. If the property was standing in the name of your grand mother she is competent to give it wholly in your favour.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

hello

the will is in your name. you don't need any NOC from anyone because the property has been given n to you by your grandmother. therefore obtain the probate and subsequent letters of administration.

regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

the registered will is sufficient if the will is registered the NOC and probate are not required though the authorities insist on probate so that to avoid any claims so in case you can apply for the probate of the will in the probate court in delhi of competent jurisdiction a fee of 4 % percent of market value of the property is required to paid for probate.

Though there is no requirement of the probate of a registered will in the UT of Delhi of the registered will.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

It is in your interest to apply for probate of will

2) probate is judicial proof that will is genuine

3) if you don’t apply for probate after couple of years legal heirs will claim share in property

4) difficult to prove will after witnesses are dead

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Hello sir , the WILL has to be probated from civil court for its execution ..

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased, but getting probate is not mandatory in Delhi.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

Probate of will is necessary to know if the will is still valid or not.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Your point is correct. But as probate is compulsory in such matter you have no other option. But you can settle the matter by offering your relatives a money if you wish. Otherwise contesting in court is only option.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

You must apply for probate

2) if legal heirs contest it would be converted into testamentary suit . It would take 10 years to be disposed of

3) if you don’t apply for probate and try to sell the property legal heirs can seek stay against sale of property

4) amicable settlement is best option

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Will executed and and made in Delhi is not required to be probated

However NOC of legal heirs will be required

If you feel that some relatives will not give NOC then you will have to file a suit in Court to declare the Will as genuine

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

Since the will is genuine and registered they have no ground to contest same you will get the probate of same in 6-8 months.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Yes if they object to the same then the case will take time and I would not advise you to do anything during the said time in the house, since you will not be having the real title of the land.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

A will always probate for its implementation. It's therefore advisable to get in touch of a good lawyer to complete the legal requirements.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

After the notice has been issued to the party, it would definitely take some time for the case to be decided and decree of probate to be granted to you, but since the authorities are not agreeing to it, you have to get it done anyway.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

Usually for a registered Will, NOC by other legal heirs of the deceased is not required, however if there arises a dispute then the authorities may insist on NOC , alternately grant of probate by a court competent.

You need not worry about the probate case since the Will is a registered document, hence the respondents do not have any ground for raising any objection to it.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

You are looking for short cut method which is not advisable.

The probate case will be a permanent solution to you for dealing with the property and the transactions thereon.

No doubt a case in court of law will stretch for years, but nobody can help to avoid that situation because the delay is due to various factors involved in it.

If you want to settle down with the objectors then you may have to sacrifice a substantial portion of the property that has been bequeathed to you, you are a better judge of the situation to decide either way.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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